FIFTH SECTION
DECISION
Application no. 9176/05
by Oleksiy Ivanovych SYDORENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 13 November 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrsS. Botoucharova,
MrK. Jungwiert,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrR. Maruste,
MrM. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 25 February 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Oleksiy Ivanovych Sydorenko, is a Ukrainian national who was born in 1959 and lives in the village of Ivankiv, Kyiv region, Ukraine. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.
The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
On 25 December 1998 the Ivankivskyy District Court of Kyiv Region awarded the applicant 6,982[1] Ukrainian hryvnias (“UAH”) in salary arrears from the State-owned Atomspetsbud company (Державна будівельно-промислова компанія «Атомспецбуд»). The applicant received UAH 359.79; the rest of the debt awarded to him remains unpaid.
By an order of the Ministry of Energy dated 27 June 2002, the debtor company was liquidated and a liquidation commission established. As a result, the State Bailiffs’ Service terminated the enforcement proceedings in the applicant’s case and the writ of enforcement was forwarded to the Liquidation Commission. The liquidation proceedings are still pending.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention about lengthy non-enforcement of judgment given in his favour. He also complained under Article 1 of Protocol No. 1 that he could not recover the debts which are due to him from the State-owned company in accordance with the final judgment of local court.
THE LAW
On 31 August 2007 the Court received the following declaration, signed by the applicant:
“I, Mr Oleksiy Ivanovych Sydorenko, note that the Government of Ukraine are prepared to pay me the judgment debt of 25 December 1998 still owed to me (UAH 6,622.21), as well as to pay ex gratia 2,600 EUR (two thousand six hundred euros) in damages with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights.
The above sum will be converted into the national currency of the respondent State at the rate applicable on the date of payment and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 13 September 2007 the Court received the following declaration from the Government:
“I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay the judgment debt of 25 December 1998 still owed to Mr Oleksiy Ivanovych Sydorenko (UAH 6,622.21), as well as to pay ex gratia EUR 2,600 (two thousand six hundred euros) in damages to him with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights.
The above sum will be converted into the national currency of the respondent State at the rate applicable on the date of payment and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
[1] At the material time around 1,570.62 euros
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